The
use of this site is governed by the terms and conditions set forth
below. Please read them carefully. Your use of this site indicates Your
acceptance of these terms and conditions. Dataroll reserves the
right to make modifications, alterations or updates to this site and
these Terms & Conditions at any time and without notice to users.
You accept the affirmative obligation to periodically review whether or
not these Terms & Conditions have changed, and Your continued use
of this site shall be deemed an acceptance and agreement to be bound by
such modifications, alterations or updates.
You (referred to
herein as “You” “Your(s)” or “User” agree that Your use of such
Services is at Your own risk. The Content (as defined below), and Dataroll proprietary software, may be used in providing the
Services, and are subject to the following reservation of intellectual
property rights by Dataroll or its suppliers.
CopyrightAll
Content included on this site, including without limitation, text,
graphics, logos, trademarks, trade names, button icons, images,
pre-designed templates, sounds, software, processing and other
functionality, and all other material placed by Dataroll
(collectively called the “Content”), and the collection, arrangement
and assembly of the Content, is the property of or licensed by Dataroll or its suppliers and service providers and is protected by U.S.
and international copyright laws. The Content on all pages of this
Dataroll website is provided solely for the use of Dataroll’s customers to interact with Dataroll and may not be used by
You, or any other person or entity, or for any other purpose. Users do
not receive any copyright in or to the Content itself. No interest in
the Content, whether in whole or in part, may be sold, assigned,
encumbered, licensed or otherwise transferred by You or any third
parties. Neither Your use of the Content nor the creation of products
or materials using such Content create joint authorship, joint
ownership or “works made for hire” with Dataroll in or regarding
such Content.
When using any Services provided via the Dataroll website, You may elect to upload or otherwise submit materials
to the site (collectively, “Materials”). Dataroll does not
supervise the uploading of any User-provided Materials to this site,
although it reserves the right to do so. You agree, represent and
warrant that in using the Services, You will not upload, submit or
otherwise transmit to Dataroll:
- Materials that are
unlawful, threatening, abusive, defamatory, obscene or which invade
another person’s privacy or further the commission or concealment of a
crime;
- Materials that are not lawfully Yours to transmit;
- Materials
that are the subject of, or which infringe upon, any patent, trademark,
trade name, trade secret, copyright, right of publicity, moral right or
other intellectual property right of another person or entity;
- Materials
containing software viruses or other harmful computer code; or
Materials that in any way interfere with or disrupt the Services or any
servers or networks connected to or used with the Services (any of the
foregoing, “Unauthorized Materials”).
Dataroll takes no
ownership in any Materials uploaded to the Dataroll website,
except Dataroll retains its rights in and to the Content that is
present on the site or that may be created and/or supplied by or for Dataroll.
You also warrant and confirm that You own the
copyright or have permission to copy any documents or Materials You
submit online to Dataroll, and agree to defend, indemnify and
hold Dataroll, its subsidiaries and affiliated
companies and their respective officers, directors, agents and
employees, harmless from any suit, demand, or claim arising out of any
breach of this warranty and agree to pay any judgment or reasonable
settlement offer resulting from any such suit, demand or claim, and to
pay any attorneys fees incurred by Dataroll in
defending against such suit, demand or claim.
TrademarksAll
service marks, trademarks, trade name, trade dress and other indicia of
source used herein and otherwise by Dataroll (collectively
called the “Marks”) are proprietary to Dataroll or other
respective owners that have granted Dataroll the right and
license to use such Marks. Users do not receive any trademark rights or
any other rights in or to the Marks. Users do not receive any trademark
rights in or to the Content.
Dataroll is a proprietary
mark of Zipform Pty Ltd. All other trademarks/trade names are the
property of their respective owners and are used by permission.
Limitations and DisclaimersTHE
INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED OR
OFFERED THROUGH THE DATAROLL WEBSITE, INCLUDING, WITHOUT
LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS
WITH NO WARRANTY. USE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS
AND MATERIALS ON THIS SITE IS AT THE USER’S SOLE RISK.
TO THE
MAXIMUM EXTENT PERMITTED BY LAW, DATAROLL DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO
SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER
VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE
OF PERFORMANCE. IN ADDITION, DATAROLL DOES NOT REPRESENT OR
WARRANT THAT THE INFORMATION, CONTENT, PRODUCTS OR MATERIALS ACCESSIBLE
VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SERVICES
WILL MEET ANY USER’S REQUIREMENTS OR WILL BE TIMELY, UNINTERRUPTED,
SECURE, OR ERROR-FREE.
NEITHER DATAROLL NOR ITS PARENT OR ANY
OF ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS OR SERVICE PROVIDERS IN ANY
EVENT WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL
CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES UNDER ANY
THEORY OF LAW (I) ARISING OUT OF USER’S USE OF THIS WEBSITE IN ANY
MANNER; (II) FOR ANY ERRORS IN THE INFORMATION, CONTENT, SERVICES,
PRODUCTS OR MATERIALS ON THIS SITE; (III) FOR THE PROVISION OR USE OF
ANY INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS VIA THIS
WEBSITE; INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS,
BUSINESS, DATA OR USER-PROVIDED MATERIALS, EVEN IF YOU HAVE ADVISED DATAROLL OF THE POSSIBILITY OF SUCH DAMAGES.
In no event
will Dataroll, or its affiliates, subsidiaries,
suppliers or service providers be liable for, nor make any adjustment,
refund or credit of any kind for, any loss, corruption, delay,
misprint, non-print, inclusion, omission, misinformation, other direct
or indirect damages, or failure to provide the Services offered through
this website (any of the foregoing, “Service Failure”) to the extent
caused by or resulting from:
- Your acts, defaults or omissions;
- Your violation of any of the terms and conditions contained in these Terms & Conditions, as amended from time to time;
- Viruses,
worms, Trojan horses and other forms of harmful code that are not
detected or removed using Dataroll standard virus-detection
procedures;
- Criminal acts, public authorities acting with
actual or apparent authority, authority of law, local disputes, civil
commotions, war, national or local disruptions in electronic and
transportation networks, failures of Internet service providers,
weather phenomena, strikes, natural disasters, and disruption or
failure of communication and information systems;
- Loss,
corruption or irretrievability of, or damage to, Your personal
information, User-provided Materials or information regarding the
products used or stored by Dataroll;
- Acts, defaults or
omissions of any person or entity other than Dataroll, including
our compliance with verbal or written instructions from You;
- Our provision of advice, assistance or guidance on this site does not constitute acceptance of liability.
All
claims should be resolved by contacting Dataroll. Failure to
contact Dataroll directly will cause a delay in the processing
of any claim and will result in a delay in processing Your claim, which
could cause You to lose the ability to receive compensation for loss
as provided in these terms and conditions.
Performance of any Services will not cause us to be deemed Your, or anyone’s, agent for any purpose.
TerminationIn
the event that Dataroll learns of, or has reasonable grounds to
suspect, that Your registration information is inaccurate, or that
activity in violation of these Terms & Conditions has occurred
within Your account, we can suspend or terminate Your access to Your
account or the Services without notice and refuse to authorize its
future use. Repeated violations of these Terms & Conditions will
result in immediate termination. In addition, Dataroll reserves
the right to discontinue the Services at any time without reason or
advance notice to You.
Applicable LawThese
Terms and Conditions are governed by the laws of the State of Western Australia,
without giving effect to any principles or conflicts of law. Any
litigation concerning these Terms & Conditions or other uses of
this site shall be brought in state or federal courts located in the
state where this website's offices are located and You
consent to the exercise of personal jurisdiction over You by such
courts.
This site may contain links to sites that are owned,
operated and maintained by third parties, which are provided as a
convenience to You. These linked sites are not under the control of Dataroll, and Dataroll is not responsible for the
accuracy of the content on such sites, or the privacy practices of such
sites, Dataroll does not monitor nor review the content of such
sites, and You expressly understand that You access by link to such
sites is at Your own risk.
You may choose to register on www.dataroll.com.au to access interactive features or update Your commercial
account information. The availability of these services varies by
country. In the future, Dataroll may add other features that may
be accessed through Your Login. In such event, previously registered
users will not be required to re-register.
By registering on www.dataroll.com.au, You agree to provide accurate and current information
about Yourself as prompted by the website Login Registration pages and
maintain and promptly update Your online profile information to keep it
accurate and current.
When You register using the website Login
Registration, You will select a user ID and password. You are
responsible for maintaining the confidentiality of the password and
user ID, and You are responsible for all activities that occur under
Your password and user ID. You agree to (a) immediately notify Dataroll of any unauthorized use of Your user ID and password, and (b)
ensure that You exit from Your website session at the end of each
visit.
Privacy PolicyDataroll acknowledges that You may provide personal data or other information
to its site via the Internet. Although Dataroll will take all
reasonable steps to safeguard Your personal data or other information,
no system is 100% safe. Despite the use of secure server software and
other precautions, such information is subject to interception or
alteration by third parties. Dataroll does not guarantee
absolute confidentiality or security. In addition, Dataroll may
disclose part or all of Your personal data, User-provided Materials and
printed products as required by law, rule, regulation or court order.
The Dataroll Security & Privacy Policy governs the handling
of such information.
IndemnificationYou
agree to indemnify, defend and hold Dataroll, its officers,
directors, employees, shareholders, agents, affiliates. subsidiaries,
suppliers and representatives harmless from and against any and all
claims, damages, losses, costs, and expenses (including but not limited
to attorneys’ fees) that arise directly or indirectly from; (a) Your
breach of any provision of these Terms & Conditions; (b) any
allegation that any Materials You provided constitute Infringing
Materials; or (c) any of Your activities conducted in connection with
this site.
No Other RelationshipThe use of
this site creates no relationship, contractual or otherwise, between
You and any other entity, supplier or service provider, other than Dataroll.